WHAT’S HAPPENING

On February 28, 2025, USCIS issued a Policy Memorandum (PM) expanding its role in initiating removal proceedings for certain foreign nationals, requiring the agency to initiate removal proceedings by issuing a Notice to Appear (NTA) after it denies an application for an immigration benefit if the denial renders the foreign national unlawfully present in the United States. The PM includes a specific carveout for beneficiaries of employment-based petitions but this carve out does not include their dependent family members or beneficiaries who served as the signatory on their I-129 petition.